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(영문) 부산지방법원 2018.10.16 2017가단331473
대여금 등
Text

1. Defendant A limited liability company, B, and C jointly and severally with the Plaintiff KRW 150,00,000 and 5% per annum from July 1, 2017.

Reasons

1. Basic facts

A. On March 17, 2017, under Defendant B and C’s joint and several sureties, the loan certificate was prepared to the effect that the Plaintiff lent KRW 150 million to Defendant A limited liability company (hereinafter “Defendant Company”) on June 30, 2017, with the maturity of payment of KRW 150 million, and the interest as the payment of legal interest after the maturity of payment of the interest (hereinafter “the loan certificate of this case”).

B. The Defendants, upon preparing the instant loan certificate, drafted a letter of commitment to perform the obligation to repay the said loan by June 30, 2017.

C. The real estate listed in the separate sheet (hereinafter “instant real estate”) is originally owned by Defendant B, and Defendant B transferred the ownership registration for the instant real estate to Defendant D and E with the Busan District Court Branch No. 52903, Jun. 20, 2017, respectively, on the ground of sale as of June 7, 2017.

2. Determination as to the claim for loans to Defendant Company B and C

A. As long as a judgment on the cause of the claim is recognized to be authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

Where a dispute over the interpretation of a contract between the parties becomes an issue, the interpretation of the intention of the parties indicated in the disposal document shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and background of the agreement, the purpose to be achieved by the agreement, the

(See Supreme Court Decision 2014Da1976, 19783 Decided February 15, 2017, etc.). In addition to the above facts of recognition in light of the legal principles as seen earlier, the said Defendants are jointly and severally liable for payment of KRW 150 million to the Plaintiff according to the description of the loan certificate as of March 17, 2017, barring any special circumstance.

B. The above Defendants’.

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